no right of broker in dual agency to re-
cover from either principal, 324.
classification within or without interstate
commerce, 362.
railway trainman engaged in interstate com-
merce though cars not billed to destina-
tion when handled by him, 135.
CONFLICT OF LAWS,
see DOMICILE.
alimony a debt, 34.
difficulties inherent in the question of for-
eign divorces, 315.
CONSTITUTIONAL LAW,
see COMMERCE.
see INTOXICATING LIQUORS.
the Eighteenth Amendment and the Volstead
Act sustained, 1.
back to the Constitution, 21.
the fisherman's constitutional right to catch
fish and the power of the legislature to
regulate such right, 41.
public use a state question and not a ques-
tion under the Fourteenth Amendment, 96.
the super-constitution, 97.
the failure of the Lever Act to regulate
prices of necessaries, 152.
a practical application of the checks and bal-
ances of the Constitution, 187.
it is not sufficient to rely upon the states,
223.
validity of laws regulating the capacity or
dimensions of containers, 247.
has the Nineteenth Amendment
adopted, 259.
is it the duty of the legislature or of the
courts primarily to decide the constitu-
tionality of a proposed enactment, 277.
duty of legislature primarily to decide the
constitutionality of a proposed enactment,
FEDERAL COURTS,
alternate judges, 151.
will the Eighteenth Amendment overwhelm
the federal courts, 320.
discovery under new rules of practice for
federal courts of equity, 428.
reorganization of corporation
change of title in assets within forfeiture
clause of insurance policies, 116.
the failure of the Lever Act to regulate
prices of necessaries, 152.
constitutionality of Lever Act preventing
unreasonable charges for necessaries, 408.
FRAUDS, STATUTE OF,
printing name on letterheads as signature
which satisfies statute of frauds, 179.
reservation of growing crops from sale, 197.
FREE SPEECH AND PRESS,
what is an obscene publication, 170.
GAME AND GAMING,
the fisherman's constitutional right to catch
fish and the power of the legislature to
regulate such right, 41.
is salary, earned or unearned, of public offi-
cer, leviable property, 161.
check refused payment in donor's lifetime
not payable after his death, 107.
gift of sealed notes as valid against maker's
estate, 379.
the care of highways-road authorities and
hidden dangers, 245.
status of persons coasting in public high-
ways, 336.
what is meant by "provocation" sufficient
to reduce a charge of murder to man-
slaughter, 244.
HUMOR OF THE LAW,
16, 36, 54, 72, 90, 110, 128, 146, 164, 182, 200,
218, 236, 254, 272, 290, 310, 328, 346, 364,
382, 400, 418, 436, 454, 472.
speeding up litigation in Colorado, 36.
the_unification of British commercial laws,
twelve principles of industrial relations an-
nounced by the United States Chamber of
Commerce, 70.
is the legal profession losing its influence
in the community, 77.
the annual conference of judges, 95.
the industrial crisis and the bar, 153.
rhyme and rhythm in a Master's report
(verse), 171.
the philosophy of representative govern-
ment, 208.
has the lawyer lost caste, 225.
twelve international jurists are world's big-
gest men, 234.
why the "Lawes of Virginia," 262.
centralization and individual liberty, 270.
Mr. O'Donnell's tribute to Mr. Carson, 288.
a Vermont sheriff (verse), 310.
lawyer's office systems-report of a commit-
tee of the Iowa Bar Association, 339.
Chief Justice Winslow of Wisconsin
ideal judge, 344.
duty of lawyers in electing a competent and
independent judiciary, 369.
class domination in America, 382.
from blue laws to blue sky laws-the Pil-
grim tercentenary, 466.
trespass by child as defense in action for
injury from attractive nuisance, 126.
can young children be contributorily negli-
gent, 318.
trespass by child as defense in action for
injury from attractive nuisance, 126.
what is an obscene publication, 170.
partition between life tenant and remainder-
men, 342.
PHYSICIANS AND SURGEONS,
malpractice, 395.
POLICE POWER,
the super-constitution, 97, 163.
sovereign powers of constitutional govern-
ments, 136.
control of coal mines by the state-is it the
opening wedge of state socialism, 392.
SUBJECT-INDEX
TO ALL THE "DIGESTS OF CURRENT OPINIONS" IN VOL. 91.
This subject-index contains a reference under its appropriate head to every digest of cur-
rent opinions which has appeared in the volume. The references, of course, are to the pages
upon which the digest may be found. There are no cross-references, but each digest is in-
dexed herein under that head for which it would most naturally occur to a searcher to look.
It will be understood that the page to which reference, by number, is made, may contain more
than one case on the subject under examination, and therefore the entire page in each instance
will necessarily have to be scanned in order to make effective and thorough search.
Attachment-Conditional Sale, 73; Foreign Judg-
ment, 183; Fraud, 291, 437; Ground of, 91;
Safety Deposit, 219; Service, 347; Special
Execution, 237.
Attorney and Client-Advertising for Business,
147; Assignment, 347. Attorney's Lien, 291;
Compensation, 37; Compromise, 329; Con-
fidential Relation, 291; Contingent Fee, 201,
347; Disbarment, 273, 311; Discharge, 329;
Dismissal by Latter, 473; Duress, 419; Lien,
147, 473; Settlement of Attorney, 73; Undue
Influence, 111; Withdrawal, 37.
Auctions and Auctioneers-Bid, 347. Stifling Com-
petition, 401.
Bailment-Burden of Proof, 129; Enlarging Lia-
bility, 255; Mutual Benefit, 291; Reasonable
Care, 129. Special Contract, 91.
Bankruptcy-Advances by Trustee, 55; Assign-
ment for Benefit of Creditors, 165; Attorney
Fee, 237; Avoiding Transfer, 17; Bulk Sales
Law, 17; Check to Öfficer, 37; Composition, 55,
73, 147; Computation of Time, 473; Condi-
tional Sale, 147; Creditor Defined, 55; Cred-
itors Secured, 55; Deceit, 129; Discharge,
183, 237, 383, 455, 473; Equitable Lien, 37;
Equitable Rights. 129; Estoppel, 183, 237,
311. False Statement, 201, 455; Federal Rail-
road Control, 165; Forfeiture, 237, 437:
Fraudulent Conveyance, 437; Homestead, 91;
Improvements, 55; Injunction, 365; Insur-
ance, 17; Jurisdiction, 91, 111, 437; Malicious
Injury, 219, 237; Moral Obligation, 165; Part-
nership, 91, 291; Preference, 129, 273; Prin-
cipal Pursuit, 401; Proof of Claim, 383;
Provable Debt, 183; Purpose of Statute, 237.
Referee, 147; Reversion to Bankrupt, 255;
Revocation of Discharge, 55; Salaries, 17;
Special Judgment, 183; Subrogation, 55;
Summary Jurisdiction, 383; Summary Pro-
ceedings, 291; Transfer, 37; Trover, 91:
Trustee, 455; Trustee's Title, 91; Unpaid
Stock, 91; Voluntary Bankruptcy, 437.
Banks and Banking-Admission of Signature,
17; Agency, 165. Assignment of Assets, 111;
Business Reputation, 383; Certificate of De-
posit, 91; Certifying Check, 17; Clearing
House, 111; Depositor, 55, 347; Evidence, 37;
Fictitious Payee, 73; Forgery, 219; Letter of
Credit, 365; Notice of Dishonor, 55; Right
to Apply Deposit, 91; Slander of Business,
147; Special Damages, 273; Special Deposit,
365; Ultra Vires, 147.
Law, 291; Indorser, 383; Instructed Verdict,
401; Joint and Several Obligors, 383; Joint
Principal, 311; Mortgage, 111; Negotiability,
111, 183, 201, 329, 437; Notice, 55; Notice of
Dishonor, 237; Notice of Fraud, 37; Order
of Signing, 311; Parol Evidence, 473; Pay-
ment, 311; Presentation and Demand, 183;
Unauthorized Surrender, 401; Usury, 165.
Value Received, 219; Words and Figures,
37.
Boundaries-Adjoining Owners, 17; Description,
329, 347; Meander Line, 55.
Breach of Marriage Promise-Damages, 183.
Bribery-Tender of Money, 17.
Brokers-Burden of Proof, 73, 473; Cash Sale,
473; Certificate of Stock, 347; Commissions,
56, 437; Compensation, 311; Diligence, 311;
Dividing Commission, 219; Dual Agency, 165;
Dual Character, 73; Duty of, 73; Exclusive
Agency, 255, 383; Fidelity to Principal, 92,
183. Fiduciary Relationship, 129; Good Faith,
201; Irrevocable Agency, 74; Procuring
Cause, 165, 437; Procuring Customer, 437;
Rents, 147; Revocation of Agency, 219; Sale
by Owner, 437; Scope of Agency, 183;
Tender, 329; Termination of Agency, 56.
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Carriers of Goods-Bill of Lading, 166, 311, 365,
437; Burden of Proof, 365. Carmack Amend-
ment, 219; Claim of Loss. 37; Commerce Act,
201; Common Carrier, 473; Concurring Neg-
ligence, 255; Diverting Route, 473; Draft
with Bill of Lading, 166; Facilities, 111;
Forwarding Agent, 219; Gratuitous Bail-
ment, 401; Last Carrier, 74; Lawful Seizure,
237; Limitation of Liability, 184; Notice to
Carrier, 383. Perishable Property, 18, 74, 184,
291; Preference, 111; Special Damage, 56,
347: Special Interest, 201; Unreasonable
Charge, 219; Variance, 311; Wrongful De-
livery, 474.
Carriers of Live Stock-Caretaker, 166; Car-
mack Amendment, 311; Commission Mer-
chant, 129; Delay, 347; Inherent Vices, 219;
Interstate Commerce, 347; Rest for Feeding,
111: Suitable Cars. 92; Time Tables, 273.
Verbal Agreement, 201.
Carriers of Passengers-Alighting, 37, 184; As-
sisting Passenger, 37; Diligence, 111; Duty
of Passenger, 455; Duty to Children, 129;
Elevator, 56; Estoppel, 311; Gratuitous Pas-
senger, 92; Insane Passenger, 111, 329; In-
tent to Board, 129; Invitee, 365; Last Clear
Chance, 74, 237. Obvious Danger, 237; Pro-
tection by Carrier, 329, 347; Proximate
Cause, 383; Public Policy, 274; Punitive
Damages, 365; Res Ipsa Loquitur, 201, 383;
Right of Way, 365; Rule of Evidence, 291;
Solicitation, 347; Waiver, 329.
Certiorari-Judicial Discretion, 237; Prerogative
Writs, 220; Quashing Writ, 291; Return, 220;
Writ of Review, 347.
Champerty and Maintenance-Soliciting Employ-
ment, 74,
Charities-Beneficiaries, 147. Cy-Pres, 220; De-
feat of Trust, 438; Gifts, 18, 237; Legacy,
292; Trust Fund, 201.
Chattel Mortgages-Apprehension of Mortgagee,
166; Bill of Sale, 18; Burden of Proof, 255;
Condition Broken, 56; Conditional Sale, 92,
311; Constructive Notice, 129; Conversion,
220; Crops, 329, 348; Default, 166; Descrip-
tion, 274, 348. Law of Place, 366; Original
Parties, 312; Relation Back, 37; Validity Be-
tween Parties, 129.
Collision Avoidance of, 419; Concurrent Negli-
gence, 419; Narrow Channel, 348; Privileged
Vessel, 348; Rules of Navigation, 383.
Commerce Employe, 74; Employers' Liability
Act, 220; Excise Tax, 38; Food and Drugs
Act, 438; Interstate Freight, 147; Reparation,
74; Taxation, 438. Telegram, 201, 455; Tele-
gram Relayed, 329.
Compromise and Settlement-Consideration, 111;
Old Contract, 130; Part Payment, 166.
Confusion
184.
of Goods-Intentional Wrongdoing,
Conspiracy-Circumstantial Evidence, 455; Com-
mon Design, 312; Concert of Action, 438;
Conspirators, 92; Husband and Wife, 18;
Lawful Purpose, 455; Overt Acts, 38; Strike,
238.
Constitutional Law-Arbitrary Power Non-De-
legable, 419. Classification, 312; Due Process
of Law, 201; Eminent Domain, 348; Immunity
from Taxation, 74; Initiative and Referen-
dum, 111; Lawful Business, 92; Nullifying
Contracts, 92; Ordinance, 112; Pension, 419;
Pleadings, 38; Police Power, 220, 329, 348;
Political Right, 366. Quasi Contracts, 329;
Regulation of Utility, 74; Rules of Court,
419; Taxation, 112; Uniform Legislation,
329.
Contempt-Criminal Contempt, 366; Direct and
Indirect, 312; Safety Deposit, 220.
Contracts-Ambiguity, 292, 330; Arbitration, 112;
Comity, 166, 220; Competency to Contract,
238; Consideration, 18, 92, 292, 330, 348, 366.
Construction, 130; Countermand, 292; Coun-
ter Proposal, 366; Doubtful Claim, 166; En-
tirety, 238; Evidence, 112; Excusing Per-
formance, 74: Executed Contracts, 147; Ex-
tra Work, 238. Illegal Consideration, 274;
Illegality, 184, 474; Implied Contract, 166:
Inconsistent Clauses, 92; Inconsistency, 383;
Indivisibility, 56; Invalidity, 256; Legality,
148; Lex Loci Contractus, 74; Meeting of
Minds, 220, 238, 474; Mental Capacity, 366.
Merger, 148, 312; Modification, 74, 238; Mu-
tuality, 148, 166, 256, 312, 401, 474; Offer and
Acceptance, 18, 419; Option, 383; Oral Modi-
fication, 112. Ousting Jurisdiction, 238; Per-
formance, 238; Performance Impossible, 456:
Place of Contract, 330; Practical Construc-
tion, 53; Preliminary Agreement, 330;
Privity, 401; Public Policy, 130, 184, 238, 456;
Reasonable Time, 18; Reduction to Writing,
184; Rescission. 274, 348, 366. Restraint of
Trade, 274; Right of Contract, 74; Seal, 238:
Severability, 438; Several Considerations,
92; Stifling Competition, 92; Superseding, 92:
Subsequent Acts. 74; Substantial Perform-
ance, 56. 384. Suspension of Right. 474;
Tender, 56; Termination, 456; Third Party,
384; Time of Performance, 438; Unilateral,
201, 330; Waiver, 92, 238, 312.
Conversion-Equity, 18, 130; Implication of Law,
56; Lapsed Legacy, 384; Personalty, 456.
Corporations-Accepting Benefits, 148; Account-
ing by Stockholder, 238; Action, 384; Ad-
vertising Contract, 112; Attorney and Client,
112; Bill of Sale, 202; Cancellation, 292; Cap-
ital Stock, 92; Certificate of Stock, 112;
Check in Favor of Officer, 184; Collusion,
401; Comity, 220: Compensation to Director,
256; Consideration, 274; Contractual Power,
148; Defunct Corporation, 202; Directors,
274; Directors as Trustees, 292; Dissolution,
166, 220, 274; Dividends, 74. Domicile, 148;
Dual Agency, 312; Estoppel, 148. 438; Fidu-
ciary, 292; Foreign Corporation, 166, 184, 202,
274. 401; Forfeiture, 112: Fraud, 292; Good
Will, 419: Holding Out, 330; Implied Author-
ity, 74; Imputability, 456; Income Tax, 92;
Indictment, 366; Insolvency, 112; Internal
Management, 312; Intervention by Stock-
holder, 130; Laches, 220. Libel and Slander,
456; Lien on Stock, 56; Minority Stockhold-
ers, 256; Misappropriation, 401; Mismanage-
ment, 56; Nominal Damages, 419; Nonasses-
sability, 18; Notice, 456; Notice of Equity,
130; Option, 274; Parties to Suit, 456; Part-
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